This document is scheduled to be published in the Federal Register on 12/18/2024 and available online at https://federalregister.gov/d/2024-29929, and on https://govinfo.gov. . . .
The Policy includes relevant language about NIH’s rights to make Author Accepted Manuscripts available in PubMed Central without embargo upon the Official Date of Publication. NIH reiterates that this does not mean that NIH has rights to the Final Published Article, as defined in the Policy, but only to the Author Accepted Manuscript, as defined in the Policy.
The Policy also requires that those depositing Author Accepted Manuscripts in PubMed Central agree to a revised Manuscript Submission Statement reiterating NIH’s right to post such Author Accepted Manuscripts without embargo upon the Official Date of Publication. The language for this statement, as included in the Guidance on Government Use License and Rights, has been modified from the Draft Public Access Policy to remove the phrase “create derivative works.” Because NIH had not intended the language to convey what comments suggested regarding the potential to compromise scientific integrity, NIH has removed the phrase. NIH will, however, continue using features, existing or to-be-developed, that ensure accessibility and usability. NIH also reserves the right to, in the future, reasonably interpret statutory and/or regulatory language to permit uses of content that are consistent with copyright law, that provide value to users, and that are considered to be in line with practices of the time.
Regarding comments that proposed NIH should provide the public with full reuse rights through explicit language about reuse of the work for any purpose with attribution, NIH notes that such language is akin to authors providing NIH with a particular license. As stated in the NIH Draft Public Access Policy, NIH does not believe that a particular license is needed to achieve the Policy’s goals.
Finally, NIH clarifies that the Policy does not prevent authors from depositing their Author Accepted Manuscripts into institutional repositories, as long as Author Accepted Manuscripts are also deposited in PubMed Central per the Policy.
| Artificial Intelligence |
| Research Data Curation and Management Works |
| Digital Curation and Digital Preservation Works |
| Open Access Works |
| Digital Scholarship |
